Luxton and Lakin (Child support)

The Administrative Appeals Tribunal (AAT) considered the dispute between Luxton and Lakin concerning child support assessments. The core of the disagreement related to the percentage of care attributed to each party and whether a change in the likely pattern of care had occurred, impacting the child support payable.

The Tribunal was required to determine whether the Registrar of Child Support had erred in making an interim determination regarding the percentage of care. Specifically, the Tribunal had to assess whether the Registrar had taken reasonable action in making this determination, given that court orders regarding care arrangements were not being complied with. Furthermore, the Tribunal considered whether special circumstances existed that prevented the applicant from lodging an objection to a care percentage decision within the prescribed time.

In reaching its decision, the Tribunal applied the principles of the *Child Support (Registration and Collection) Act 1988*. It found that the Registrar had acted reasonably in making an interim determination due to the non-compliance with existing court orders, which constituted a change in the likely pattern of care. The Tribunal also determined that no special circumstances prevented the applicant from lodging their objection within the statutory timeframe.

Consequently, the Tribunal set aside the Registrar's decision to refuse to make a determination under subsection 87AA(2) and substituted it with a decision affirming the care percentage decision.